Removal
The procedural mechanism by which a defendant moves a case from state court to federal court. Available only for cases that originally could have been filed in federal court. Texas Business Court removal is governed by Tex. Gov't Code § 25A.006.
Removal is the procedural mechanism by which a defendant moves a case from state court to federal court. Removal is available only for cases that originally could have been filed in federal court. The defendant must file a notice of removal in the federal district court for the district where the state court action is pending.
Removal grounds
A case may be removed if (1) the federal court would have had original jurisdiction over the case (federal question or diversity); (2) all defendants consent to removal (with limited exceptions); and (3) for diversity cases, no defendant is a citizen of the state where the action was filed (the "home-state defendant" rule).
Timing
Notice of removal must be filed within 30 days after service of the initial pleading. § 1446(b). For cases that become removable later (e.g., after dismissal of a non-diverse defendant), the 30-day period runs from the date the case becomes removable.
Remand
A plaintiff who believes removal was improper may move for remand. § 1447(c). Procedural defects (untimeliness, failure to obtain consent) must be raised within 30 days of removal; subject-matter-jurisdiction objections may be raised at any time.
Texas Business Court removal
Under Tex. Gov't Code § 25A.006, qualifying cases filed in Texas district court may be removed to the Texas Business Court by agreement of all parties or, in some circumstances, on motion of one party.
Removal is the principal forum-selection lever for defendants in cross-jurisdictional commercial disputes. Federal court generally favors defendants in many commercial contexts (procedure, judicial quality, summary judgment standards). Sophisticated defendants evaluate removal immediately on receipt of state-court process.